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所有权保留制度是在经济发达国家得到普遍适用的一种信用工具,具有缓解资金短缺,手续简便,交易迅捷安全等优点,因此在交易频繁的现代社会地位日益突出。我国《合同法》对所有权保留制度仅做了原则性的规定,要想在实践中发挥其优越性,还需不断完善各项制度。本文基于各种学说的比较分析,对所有权保留性质、物权公示原则进行了研究,并在此基础上进一步分析所有权保留合同的效力即当事人之间的权利冲突与协调。
Ownership reservation system is a credit instrument widely used in economically developed countries. It has the advantages of alleviating capital shortage, simple formalities, quick and safe transaction and so on. Therefore, it has become increasingly prominent in the modern society where transactions are frequent. China’s “Contract Law” only provides for the principle of reservation of ownership. In order to exert its superiority in practice, various systems need to be continuously improved. Based on the comparative analysis of various theories, this paper studies the nature of the reservation of ownership and the principle of publicity of property, and on the basis of this, further analyzes the validity of the reservation of ownership contract, that is, the conflict and coordination of rights between the parties.